[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Rules and Regulations]
[Pages 11161-11162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4541]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket Nos. 0910131362-0087-02 and 0910131363-0087-02]
RIN 0648-XA256
Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish
Managed Under the Individual Fishing Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; opening.
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SUMMARY: NMFS is opening directed fishing for sablefish with fixed gear
managed under the Individual Fishing Quota (IFQ) Program and the
Community Development Quota (CDQ) Program. The season will open 1200
hrs, Alaska local time (A.l.t.), March 12, 2011, and will close 1200
hrs, A.l.t., November 18, 2011. This period is the same as the 2011
commercial halibut fishery opening dates adopted by the International
Pacific Halibut Commission. The IFQ and CDQ halibut season is specified
by a separate publication in the Federal Register of annual management
measures.
DATES: Effective March 1, 2011, until 1200 hrs, A.l.t., December 31,
2011.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific
halibut and sablefish with fixed gear in the IFQ regulatory areas
defined in 50 CFR 679.2 has been managed under the IFQ Program. The IFQ
Program is a regulatory regime designed to promote the conservation and
management of these fisheries and to further the objectives of the
Magnuson-Stevens Fishery Conservation and Management Act and the
Northern Pacific Halibut Act. Persons holding quota share receive an
annual allocation of IFQ. Persons receiving an annual allocation of IFQ
are authorized to harvest IFQ species within specified limitations.
Further information on the implementation of the IFQ Program, and the
rationale supporting it, are contained in the preamble to the final
rule implementing the IFQ Program published in the Federal Register,
November 9, 1993 (58 FR 59375) and subsequent amendments.
This announcement is consistent with Sec. 679.23(g)(1), which
requires that the directed fishing season for sablefish managed under
the IFQ Program be specified by the Administrator, Alaska Region, and
announced by publication in the Federal Register. This method of season
announcement was selected to facilitate coordination between the
sablefish season, chosen by the Administrator, Alaska Region, and the
halibut season, adopted by the International Pacific Halibut Commission
(IPHC). The directed fishing season for sablefish with fixed gear
managed under the IFQ Program will open 1200 hrs, A.l.t., March 12,
2011, and will close 1200 hrs, A.l.t., November 18, 2011. This period
runs concurrently with the IFQ season for Pacific halibut announced by
the IPHC. The IFQ halibut season will be specified by a separate
publication in the Federal Register of annual management measures
pursuant to 50 CFR 300.62.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant
[[Page 11162]]
Administrator for Fisheries, NOAA, (AA), finds good cause to waive the
requirement to provide prior notice and opportunity for public comment
pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such
requirement is impracticable and contrary to the public interest. This
requirement is impracticable and contrary to the public interest as it
would prevent NMFS from responding to the most recent fisheries data in
a timely fashion and would delay the opening of the sablefish fishery
thereby increasing bycatch and regulatory discards between the
sablefish fishery and the halibut fishery, and preventing the
accomplishment of the management objective for simultaneous opening of
these two fisheries. NMFS was unable to publish a notice providing time
for public comment because the most recent, relevant data only became
available as of February 23, 2011.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.23 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 24, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011-4541 Filed 2-28-11; 8:45 am]
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